Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

Sue Travel Companion for Assault?

Discussion in 'Criminal Law Forum' started by Jarred, 22 September 2015.

  1. Jarred

    Jarred Member

    Joined:
    21 September 2015
    Messages:
    2
    Likes Received:
    0
    Under Criminal Law, if you are travelling and are assaulted by a travelling companion, can you sue them for legal costs for any surgery required when back in Australia?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    369
    Hi Jarred,

    If the assault occurred overseas, Australian criminal law generally won't apply as it cannot be enforced outside of this jurisdiction.

    Secondly, criminal law generally does not entitle you to sue someone. You must resort to civil actions such as the tort of assault or trespass to person to get someone to pay compensation to you for your losses.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Jarred

    Jarred Member

    Joined:
    21 September 2015
    Messages:
    2
    Likes Received:
    0
    Hi,

    Thanks for your reply.

    I was referring more to civil law rather than criminal law, but does the same apply as the offence occurred outside of Australia jurisdiction or can civil action be taken regardless or where it occurred, as I don't want to cop the costs for what happened as it was not my fault?

    Thanks again,

     
Loading...

Share This Page

Loading...
gt;